Rights protection mechanisms in new gTLDs: The multi-stakeholder governance model at work’

In June 2008, the Internet Corporation for Assigned Names and Numbers (ICANN) embarked upon an ambitious program of expansion at the top-level of the DNS. The policy underpinning expansion is notable for its adoption of new mechanisms that target the unauthorised use in new gTLDs of names the subject of legal – in particular trademark – rights. These mechanisms are the product of several years of policy development and implementation; they are proof of the functioning of ICANN’s unique multi-stakeholder model of Internet governance. Yet even as new top-level domains near the launch phase, questions remain as to the scope and mechanics of rights protection offered by agreed-upon mechanisms. A ‘strawman solution’ emerged at the end of 2012 to address these questions. This article examines the ‘strawman solution’, the rights protection mechanisms it seeks to clarify, and the ICANN organisational structure and operational processes into which it does not perfectly fit.